Terms of Trade

TERMS OF TRADE
1. DEFINITION
1.1 ATTAIN SKILLS & KNOWLEDGE (A,S,K,) LTD’S REGISTERED OFFICE IS – 153 CARAVAGROVE HOUSE, DONCASTER ROAD, GOLDTHORPE, ROTHERHAM, S63 9JB
1.2 ‘CONTRACT’ MEANS THE CONTRACT FOR THE PROVISION OF SERVICES BY ‘ASK’ TO THE CUSTOMER.
1.3 ‘CUSTOMER’ MEANS THE PERSON, FIRM OR COMPANY BOOKING OR AQUIRING SERVICES/COURSES FROM ‘ASK’
1.4 ‘SERVICES’ MEANS THE SUBJECT MATTER OF THE RELEVANT ORDER OR CONTRACT.
1.5 ‘INTELLECTUAL PROPERTY RIGHTS’ MEAN ANY PATENT, COPYRIGHT, DESIGN, TRADEMARK, SERVICE MARK OR COURSE MATERIAL. OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHT.
1.6 ‘ORDER’ MEANS THE WRITTEN ORDER SENT BY THE CUSTOMER/CLIENT FOR THE SUPPLY OF SERVICES/COURSES BY ‘ASK’ AND INCLUDES – COURSES, PURCHASE ORDERS, FAXS, E-MAILS AND LETTERS WHETHER SENT BY POST OR ELECTRONICALLY.
1.7 ‘TERMS’ MEANS THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT.
2. ORDER ACCEPTANCE
2.1 NO CONTRACT BETWEEN ‘ASK’ AND CUSTOMER/CLIENT SHALL EXIST UNTIL AN ORDER HAS BEEN ACCEPTED BY ’ASK’
2.2 AN ACCEPTANCE BY ‘ASK’ INCORPORATES THE TERMS AND THE CUSTOMER/CLIENT SHALL BE DEEMED TO HAVE ACCEPTED THE TERMS UNLESS THE CUSTOMER/CLIENT NOTIFIES ‘ASK’ IN WRITING OF ANY OBJECTIONS THERETO WITHIN SEVEN DAYS OF THE DATE OF THE ACCEPTANCE.
2.3 NO CONDITIONS OR TERMS STIPULATED IN ANY OTHER COMMUNICATION OR DOCUMENT SHALL AMEND OR EXCLUDE ANY OF THE TERMS EXCEPT INSOFAR AS THE SAME IS EXPRESSLY CONSENTED IN WRITING BY ‘ASK’.
3. PRICES
3.1 PRICES ARE BASED ON ‘ASK’S’ CURRENT PRICING POLICY, BUT ‘ASK’ RESERVES THE RIGHT TO AMEND ITS QUOTED PRICES AT ANY TIME PRIOR TO THE COMMENCEMENT OF ANY CONTRACT/COURSE.
3.2 QUOTED PRICES DO NOT INCLUDE VAT WHERE APPLICABLE
4. PAYMENT
4.1 PAYMENT WILL BE DUE IN FULL UPON RECEIPT OF INVOICE WHICH WILL BE ISSUED PRIOR TO THE COURSE COMMENCEMENT DATE. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO SUPPLY A REMITTANCE ADVICE WITH THE PAYMENT TO ENSURE TIMELY AND CORRECT ALLOCATION OF FUNDS.
4.2 WHERE THE CUSTOMER FAILS TO PAY PRIOR TO COURSE COMMENCEMENT THE PLACEMENT WILL BE FORFEITED BY THE CUSTOMER AND CANCELLED. CANCELLATION TERMS WILL APPLY AS NOTED IN 5.2.
4.3 WHERE CREDIT HAS BEEN AGREED BY ‘ASK’, PAYMENT IS DUE 30 DAYS AFTER THE DATE OF INVOICE UNLESS OTHERWISE AGREED WITH THE CUSTOMER (*A CREDIT APPLICATION FORM HAS BEEN COMPLETED, CHECKED AND VERIFIED)
4.4 PUNCTUAL PAYMENT OF THE INVOICE AND OTHER AMOUNTS PAYABLE UNDER THE CONTRACT IS OF THE ESSENCE TO THE CONTRACT.
4.5 THE CUSTOMER WILL BE TREATED AS HAVING REPUDIATED THE AGREEMENT IF THE CUSTOMER FAILS TO PAY ON TIME.
4.6 ‘ASK’ RESERVES THE RIGHT TO CLAIM INTEREST AND COMPENSATION FOR DEPT RECOVERY COSTS UNDER THE LATE PAYMENT LEGISLATION IF WE ARE NOT PAID ACCORDING TO AGREED CREDIT TERMS.
4.7 FAILURE TO PAY ANY INVOICE ON THE DUE DATE SHALL ENTITLE ‘ASK’ TO SUSPEND FURTHER WORK/TRAINING ON ANY OTHER ORDER FROM THE CUSTOMER WITHOUT PREJUDICE TO ANY OTHER RIGHT ‘ASK’ MAY HAVE. ‘ASK’ RESERVES THE RIGHT WHERE THE CUSTOMER/CLIENT FAILS TO ADHERE STRICTLY TO THE AGREED TERMS OR WHERE GENUINE DOUBTS ARISE AS TO THE CUSTOMER/CLIENTS FINANCIAL POSITION TO SUSPEND WORK ON ANY COURSE WITH LIABILITY UNTIL PAYMENTS OR SATISFACTORY SECURITY FOR PAYMENT HAS BEEN MADE.
5. CUSTOMER CANCELLATION OR RE-SCHEDULE
5.1 ‘ASK’ WILL PROVIDE THE CUSTOMER WITH A REFUND IF ‘ASK’ RECEIVES WRITTEN NOTICE OF CANCELLATION FOR A COURSE AND IT IS RECEIVED BY ‘ASK’ AT LEAST 28 DAYS BEFORE THE DUE COURSE COMMENCEMENT DATE AND IN ACCORDANCE OF OUR CANCELLATION POLICY. WE RESERVE THE RIGHT FROM ANY REFUND A REASONABLE ADMINISTRATION CHARGE.
5.2 OUR CURRENT CANCELLATION POLICY IS AS FOLLOWS:

NOTICE PERIOD FOR CANCELLATION (FROM DATE OF RECEIPT)

% OF FEE PAYABLE ON CANCELLATION

% OF FEE REFUNDED IF RE-PAYMENT RECEIVED

28 DAYS PRIOR TO COURSE

0%

100%

14 – 28 DAYS PRIOR TO COURSE COMMENCEMENT

50%

50%

LESS THAN 14 DAYS PRIOR TO COURSE COMMENCEMENT

100%

0%

5.3 IN THE EVENT THAT NAMED INDIVIDUALS ON A CLIENTS BOOKING FORM CANNOT ATTEND A COURSE ‘ASK’ WILL ACCEPT A NAMED SUBSTITUTE PROVIDING WRITTEN NOTICE HAS BEEN GIVEN TO ‘ASK’ ALONG WITH ANY FURTHER DOCUMENTATION REQUIREMENTS AS DEEMED NECESSARY BY ‘ASK’.
5.4 NO CHARGE WILL NORMALLY BE MADE FOR SUBSTITUTE DELEGATES. ‘ASK’ DOES RESERVE THE RIGHT TO CHARGE ANY REASONABLE ADMINISTRATION CHARGE FOR SUBSTITUTE DELEGATES WHERE DEEMED APPROPRIATE.
5.5 ‘ASK’ WILL ENDEAVOUR TO ASSIST ANY CUSTOMER REQUEST THAT THE DUE DATE FOR A COURSE OR CONSULTANCY BE RE-SCHEDULED BUT SHALL BE ENTITLED TO CHARGE A CANCELLATION CHARGE AS GIVEN IN 4.2 OR A REASONABLE ADMINISTRATION CHANGE. ANY REQUEST MUST BE CONFIRMED TO ‘ASK’ IN WRITING. IF A COURSE IS RESCHEDULED THE CUSTOMER AGREES TO FORFEIT ANY RIGHTS TO A REFUND ON CANCELLATION OF THE RE-SCHEULED COURSE OR CONSULTANCY.
6. ‘ASK’ CANCELLATION OR RE-SCHEDULE
6.1 ‘ASK’ RESERVES THE RIGHT IN ITS ABSOLUTE DISCRETION AND WITHOUT FURTHER LIABITY TO CHANGE DATES, TIMES AND VENUES OR CANCEL AN EVENT; IN THE CASE OF CANCELLATION ALL MONIES WILL BE REFUNDED.
6.2 PLACES FOR OPEN COURSES HELD BY ‘ASK’ MAY BE LIMITED AND PAYMENT BY THE CUSTOMER DOES NOT ENSURE THAT A PLACE HAS BEEN RESERVED. PLACES FOR OPEN COURSES MAY ALSO BE SUBJECT TO A MINIMUM DELEGATE ATTENDANCE TO BE REACHED. RESERVATION WILL BE CONFIRMED IN WRITING BY ‘ASK’ OR A FULL REFUND WILL BE MADE IN THE CASE OF AN OVER OR UNDER SUBSCCRIBED COURSE WHERE SUITABLE ALTERNATIVE ARRANGEMENTS CANNOT BE OFFERED.
7. ONSITE REQUIREMENTS
7.1 WHERE THE CUSTOMER REQUESTS SERVICES TO BE PROVIDED ON THE CUSTOMER SITE, IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PROVIDE ALL NECESSARY RESOURCES AND EQUIPMENT. ‘ASK’ RESERVES THE RIGHT TO REMOVE STAFF AT ANY POINT SHOULD THE REQUIRED RESOURCES AND EQUIPMENT NOT BE CONSIDERED ADEQUATE OR FIT FOR THE PURPOSE. FULL CANCELLATION CHARGES WILL APPLY IN SUCH INSTANCES.
8. ADDITIONAL SERVICES
8.1 WHERE THE CUSTOMER REQUESTS ADDITIONAL SERVICES/COURSES, THEN SUCH SERVICES/COURSES SHALL BE SUBJECT TO A SEPARATE ORDER ACCEPTANCE BEFORE ‘ASK’ CAN COMMENCE WORK/TRAINING.
9. INTELLECTUAL PROPERTY
9.1 ALL INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES OR ARISING FROM THE CONTARACT SHALL REMAIN WITH ‘ASK’, UNLESS EXPRESSLY OTHERWISE AGREED IN WRITING BY ‘ASK’.
9.2 THE REPRODUCTION BY WHATEVER MEANS ‘ASK’ S PUBLICATIONS OR ANY PUBLICATION USED BY ‘ASK’ IN THE PERFORMANCE OF THE CONTRACT IS EXPRESSLY FORBIDDEN AND ‘ASK’ WILL NOT HESITATE TO TAKE LEGAL PROCEEDINGS IN RESPECT OF ANY BREACHES.
9.3 IF THE SERVICES ARE TO BE PROVIDED BY ‘ASK’ IN ACCORDANCE WITH A SPECIFICATION SUBMITTED BY THE CUSTOMER/CLIENT, THE CUSTOMER SHALL INDEMNIFY ‘ASK’ AGAINST ALL LIABILITY, LOSS, DAMAGE, COSTS AND EXPENSES SUFFERED OR INCURED BY ‘ASK’ IN RESPECT OF ANY CLAIM FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON WHICH RESULT FROM OR ARISES OUT OF THE USE OF THE CUSTOMER’S SPECIFICATION.
10. WARRANT AND LIABILITY (where applicable)
10.1 ANY EQUIPMENT SUPPLIED BY ‘ASK’ AS PART OF THE SERVICE IS GUARANTEED TO BE FIT FOR ITS INTENDED PURPOSE.
10.2 SAVE AS EXPRESSLY STATED IN THE TERMS, ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW IN RESPECT OF THE PROVISION OF SUCH SERVICE.
10.3 EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY ‘ASK’ NEGLIGENCE, ‘ASK’ S LIABILITY IN RESPECT OF A CONTRACT SHALL BE LIMITED TO THE INVOICED VALUE OF THE SERVICES PROVIDED UNDER THE CONTRACT AND IN NO EVENT SHALL ‘ASK’ BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT OR OTHERWISE) WHICH ARISE OUT OF THE SALE OR SUPPLY OF THE SAID SERVICES.
11. FORCE MAJEURE
11.1 ‘ASK’ SHALL NOT BE LIABLE TO THE CUSTOMER OR BE DEEMED TO BE IN BREACH OF CONTRACT BY MEANS OF ANY DELAY IN PERFORMING OR FAILURE TO PERFORM ANY OF ‘ASK’S OBLIGATIONS IN RESPECT OF THE SERVICES IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND ‘ASK’S REASONABLE CONTROL.
12. INSOLVENCY OF THE CUSTOMER
12.1 IF THE CUSTOMER MAKES ANY VOLUNTARY ARRANGEMENT WITH ITS CREDITORS OR BECOMES SUBJECT TO AN ADMINISTRATION ORDER (BEING AN INDIVIDUAL OR FIRM) BECOMES BANKRUPT OR (BEING A COMPANY) GOES INTO LIQUIDATION ( OTHERWISE FOR THE PURPOSES OR AMALGAMATION OR RECONSTRUCTION); OR
12.2 AN ENCUMBRANCER TAKES POSSESSION, OR A RECEIVER IS APPOINTED, OF ANY OF THE PROPERTY OR ASSETS OF THE CUSTOMER, OR
12.3 THE CUSTOMER CEASES, OR THREATENS TO CEASE, TO CARRY ON BUSINESS: WITHOUT PREJUDICE TO ANY OTHER RIGHTS TO REMEDY AVAILABLE TO ‘ASK’, ‘ASK’ SHALL BE ENTITLED TO CANCEL THE CONTRACT OR SUSPEND ANY FURTHER PERFORMANCE UNDER THE CONTRACT WITHOUT ANY LIABILITY TO THE CUSTOMER AND IF THE SERVICE HAS BEEN PROVIDED BUT NOT PAID FOR, THE PRICE SHALL BECOME IMMEDIATELY DUE AND PAYABLE NOT WITHSTANDING ANY PREVIOUS AGREEMENT OR ARRANGEMENT TO THE CONTRARY.
13 LAW
13.1 THE TERMS AND ANY CONTRACT SHALL BE CONSTRUCTED IN ACCORDANCE WITH ENGLISH LAW AND ‘ASK’ AND CUSTOMER SUB